Hi,

I wanted to share with everyone an e-mail I received from ICANN Ombudsman 
Chris LaHatte. Chris was helping me with some technical problems I was 
having with the ICANN website, took at look at my public comment on 
accountability and made what I thought were some interesting observations 
about the Ombudsman’s role at ICANN currently and going forward.

I note that Chris was “taken” with the idea that the NomCom, rather than 
the Board, appoint and renew the contract of the Ombudsman. With the changes 
currently proposed for the NomCom I’m not sure that remains a good idea 
from our perspective, but I would be interested in what Brenden (who is 
doing a great job on NomCom and I hope is returned), Maria, Rafik, Norbert 
or anyone else who has served on NomCom think of the possibility. Is NomCom 
well positioned to select the Ombudsman? Is it better positioned than the 
Board is?

In granting me permission to share his e-mail Chris noted “the current 
discussion on accountability is important for me, because of my future role 
and the impact on the operation of the office of the ombudsman”. I’d 
like to thank Chris for his contribution and suggest that staff input of 
this nature is potentially more valuable than that which the staff 
representative will bring to the Accountability CG. ICANN’s staff has a 
plurality of views that can’t possibly be represented by a single 
individual selected by upper management.

Thanks,

Ed

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CC:

Dear Edward

The web people at ICANN have now fixed the link, and you can now see the 
paper. I took the opportunity to read this and was most interested in your 
comments on my role. I was taken by the concept of the NomCon appointing the 
Ombudsman, which may be worth considering.An ombudsman does not necessarily 
ever have coercive powers. The model as developed originally has only ever 
had the power to recommend that there should be changes to resolve issues of 
unfairness, and you will find that throughout the world, most ombudsmen 
operate under a model of persuasion, mediation and recommendation.

Generally the power which is strongest is that of access to information, 
which I do have under my bylaw. I do sometimes get involved in DIDP 
complaints, but do note your observation that very few of these result in 
further disclosure.

The issue of how to isolate my office from the politics at the board level 
is something of considerable importance. You may have noted however that I 
cannot be removed except by a majority of 75%. Where there is potential for 
interference is at the time of renewal however. Some ombudsman officers are 
appointed for reasonable periods of time, but at ICANN we have tended to 
have shorter term renewals.

But I am glad that these issues are being debated and discussed and I found 
your perspective valuable and thoughtful.

Regards

Chris LaHatte
Ombudsman
Blog  https://omblog.icann.org/
Facebook http://www.facebook.com/ICANNOmbudsman
Webpage http://www.icann.org/en/help/ombudsman